Florida Burglary and Theft Charges

In Florida, theft offenses are classified as both misdemeanors and felonies. In most cases, the deciding factor is the amount of money taken or the value or nature of the item. Generally, a theft involving $300 or more is classified as a felony. However, a theft offense may become a felony due to a prior record of theft related offenses. Thus, even the unlawful taking of an item that has a minimal value or the taking of a small amount of money may be a felony if you have two or more prior theft convictions. If you are charged with a grand theft or other felony theft offense, you are facing the possibility of serious penalties. These include substantial fines, possible driver’s license suspension, and potential incarceration. Moreover, a conviction for a grand theft or other felony theft offense would result in forever being labeled as a convicted felon. This will cause the loss of your ability to vote, sit on a jury, and own, use, or possess a firearm. Similarly, a felony theft offense or grand theft that results in conviction will forever taint your credibility because you have been convicted of a crime involving dishonesty or untruthfulness. Having a criminal defense lawyer who is experienced with the criminal justice system may make a difference in the ultimate outcome of your theft case.

Florida Statute 812.014(1). In order for a theft to be a 3rd degree felony grand theft, the property, or money taken must be valued at $300 but less than $20,000. Florida Statute 812.014(2)(c). The harshness of the penalties are calculated by the Legislature to automatically increase when the value of the property that is unlawfully taken exceeds certain amounts:

If the property is worth $20,000 but less than $100,000, the crime is classified as a 2nd degree Grand Theft. Florida Statute 812.014(2)(b);

If the property is worth $100,000 or more, the crime is classified as a 1st degree Grand Theft. Florida Statue 812.014(2)(a).

There are situations where the property may not be valued at $300 or more, but the law nevertheless allows for the prosecution of the conduct as a felony theft offense. Primarily, these cases are treated as felonies because the person has two or more prior theft convictions. Florida Statute 812.014(3)(c). Although most unlawful takings involving money, goods, or services valued at less than $300 are charged under the statues applicable to petit thefts or retail thefts, the legislature has singled out thefts that involve particular items as suitable for felony charges. Even though the value of the item may be far less than the $300 cut-off generally applicable in the law, Florida treats the taking of certain signs, equipment, or goods as a more serious offenses. In addition, the taking of property from a residence is a felony even if the amount of the stolen money or items is between $100 and $300.

While many shoplifting, petit theft, or retail theft offenses are classified as misdemeanors, the charge can easily become a felony Grand Retail Theft if the items unlawfully taken from the merchant are valued at $300 or more. Florida Statute 812.015(8). In some cases, The Hobson Law Firm can be successful in having your felony grand retail theft charge reduced to a misdemeanor by arguing that the property unlawfully taken had a diminished value of less than $300.

The Hobson Law Firm may be able to help you diminish or avoid many of the negative consequences associated with a grand theft or other felony theft charge. Depending on the particular details of your case, we may be able to:

Examine the facts and circumstances of your charge, including the valuation of the property, to ascertain if the State Attorney’s Office has properly followed the law with respect to the particular charge that has been filed.

Consider all possible defenses in your case.

Evaluate the lawfulness of the police investigation and whether the evidence was legally obtained and admissible in county.

Provide pre-filing intervention on your behalf to the State Attorney’s Office in an effort to convince the State to not file charges, or to consider proceeding with a less serious offense than the one for which you were arrested.

Take steps to make application for your participation in a diversion program.

Demonstrate facts and mitigating evidence that allows the judge to determine that you are worthy of receiving a withhold of adjudication to avoid a formal felony conviction.

I may be able to seal or expunge all of the records associated with your arrest and prosecution Depending on your prior record.

Florida law prohibits the passing of worthless or bad checks or stopping payment on a check with the specific intent to defraud under Chapter 832 of Florida Statutes. If you have been arrested for a felony worthless check offense, you should know about three important aspects of the law:

If you were aware that there were insufficient funds available in your account to cover the check at the time you obtained goods or services, you have committed this offense.

By passing bad checks and exchanging it for goods or services, the law infers that you have already demonstrated the necessary specific intent that the check be honored.

Making later restitution on bad checks by paying the victim the full amount in cash does not serve as a valid legal defense for the violation of this offense. The county’s rationale for this is that the crime was already committed back at the time you originally uttered or passed the worthless check.

If payment is stopped on a check for goods or services valued at $150.00 or more, the check writer has committed a third degree felony. furthermore, any person who writes a bad check knowing that there are inadequate funds to honor the check, in return for services or goods priced at $150.00 or greater has also committed a third degree felony. Third degree felonies carry sentences of up to five years incarceration in state prison and up to a $5,000.00 fine. Call The Hobson Law Firm now for your FREE consultation!